Veermmal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/09/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI Veermmal ... Petitioner/Accused No.2 in Crl.O.P.(MD)No.15588 of 2022

1. Chitra

2. Baskaran ... Petitioners/Accused No.7&8 in Crl.O.P.(MD)No.15458 of 2022 Vs The State Rep. By, The Inspector of Police, DCB Police Station, Thanjavur District.

Crime No.23 of 2022.

... Respondent/Complainant in both petitions For Petitioner (in Crl.O.P.(MD)No.15588 of 2022) : M/s.Dhilipan Pandian R.L., Advocate.

For Petitioners (in Crl.O.P.(MD)No.15458 of 2022) : Mr.T.A.Ebenezer, Advocate.

For Respondent (in both petitions) : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor PETITIONS FOR BAIL Under Sec.439 of Cr.P.C.

COMMON PRAYER :- For Bail in Crime No.23 of 2022 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- The petitioners/A2 who was arrested and remanded to judicial custody on 12.08.2022 and the petitioners/A7 & A8, who were arrested and remanded to judicial custody on 13.08.2022 for the offences punishable under Sections 120(b), 406, 409 and 381 of IPC in Crime No.23 of 2022, on the file of the respondent police, seek bail. 1/3

2.The case against the petitioners is that on 12.08.2022, when the de-facto complainant was checking the stocks in Tamil Nadu Police Canteen, Thanjavur, she found stock deficit to the tune of Rs.40,00,000/-. When she verified the CCTV footage, she found that the petitioners and other accused took the articles from the canteen illegally. Hence, the complaint.

3.On the side of the petitioners, it is stated that the petitioners are innocents and they are no way connected with the alleged offence and they are in judicial custody for the past 30 days and prayed the petitioners to be released on bail. 4.On the side of the prosecution, it is stated that based on the confession statement given by A1 and A2, A6 were arrested on 13.08.2022 and on his confession, A7 and A8 have been arrested and A6, A7 and A8 used to sell the articles from the police canteen through their shop in the name and style of Abi Grocery Shop at Sadayarkovil. He has further stated that a portion of the stolen articles were recovered from A2 to A6 and the balance is not yet recovered and prayed the petitions to be dismissed. 5.

Considering the seriousness and gravity of the offence alleged against the petitioners and on considering the fact that the portion of the stolen articles were recovered from A2 to A6 and the balance is not yet recovered and also considering the fact that the petitioner/A2 is in judicial custody from 12.08.2022 and the petitioner/A7 & A8 are in judicial custody from 13.08.2022, this Court is not inclined to grant bail to the petitioners at this point of time.

6.In the result, these Criminal Original Petitions are dismissed.

sd/- 07/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO

1. THE INSPECTOR OF POLICE, DCB POLICE STATION, THANJAVUR DISTRICT.

2. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.

3. THE OFFICER-INCHARGE, SUB JAIL, THANJAVUR.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD).Nos.15588 and 15458 of 2022 Date :07/09/2022 sji USK/SBN/SAR-I/16.09.2022/3P/5C 3/3